Special Disclaimer: "We are not attorneys in this jurisdiction. We are New York and New Jersey lawyers who concentrate on international family law issues. We work with independent lawyers around the world to solve complex international family law issues."

Jeremy D. Morley has
handled numerous international family law matters that concern Greece,
including the abduction of children from Greece and to Greece, prenuptial
agreements with a Greek person, and divorce matters between spouses who live or
previously lived in Greece. We always work with counsel in Greece as
appropriate.

GREEK DIVORCE LAW

From the European
Commission

1.
What are the conditions for obtaining a divorce?

Divorce
requires a court decision that is no longer open to appeal. Proceedings are of
two kinds:

(a) In
a divorce by consent, the spouses agree to dissolve the marriage between them,
and make a joint petition to the single-judge court of first instance of the
place. There is no litigation, the procedure being that followed in
non-contentious cases. The couple must have been married one year or longer.

(b) In
a contested divorce, one of the spouses brings an action seeking dissolution of
the marriage, on stated grounds, before the multi-member court of first
instance of the place, or both spouses bring such actions separately.

2. What
are the grounds for divorce?

Apart
from the case of a divorce by consent, the grounds for divorce are as follows.

(a)
There is a breakdown of the marital relationship, caused by the respondent or
by both spouses, such that there is good reason to believe that the
continuation of the marital relationship would be intolerable to the applicant.
There is a presumption of breakdown, which the respondent may seek to rebut, in
cases of bigamy, adultery, desertion of the applicant, or an attempt on the
applicants life by the respondent. If the spouses have been separated
continuously for at least four years there is an irrebuttable presumption of
breakdown, and divorce may be sought even if the breakdown was caused by the
applicant.

(b) If
one of the spouses is declared missing or presumed dead, the other may petition
for divorce.

3. What
are the consequences of a divorce as regards:

(a) the
personal relations between the spouses?

When a
marriage is dissolved by divorce, the spouses are no longer under an obligation
to live together and to take decisions jointly. Spouses who have adopted their
spouses surname generally resume their own, unless they wish to retain their
spouses name on the ground that they have acquired a professional or artistic
reputation under that name. All responsibility of spouses for the fulfilment of
their mutual obligations comes to an end. Bigamy disappears as an impediment to
marriage. During the marriage, time-limits were suspended in the case of claims
made by one spouse against the other; this suspension now ends. The divorce
does not put an end to the relationship by marriage between blood relations of
one spouse and blood relations of the other.

(b) the
division of property of the spouses?

In a
divorce, each of the spouses is entitled to recover the movable property which
belongs to him or her, or which is presumed to belong to him or her even if it
has actually been used by both spouses or only by the other spouse, provided
the other spouse does not rebut the presumption; this is so even if the item
might be considered necessary to the other spouse. If a spouse in possession of
an item refuses to hand it over to its owner, the owner may bring an action in rem, an action for
possession, or an action invoking the law of obligations. After dissolution of
the marriage a spouse who is the owner of the family home may bring an action in rem or an action under the law of
obligations against a spouse who is making use of the home. Joint ownership is ended
by the divorce, and each of the spouses receives what he or she is entitled to
under the rules on joint ownership and the distribution of common property.
Where an item of property was acquired by one of the spouses during the
marriage, the other spouse has a claim to a share in it.

(c) the
minor children of the spouses?

When a
marriage is dissolved by divorce, the court can settle the exercise of parental
responsibility in one of the following ways:

(1) it
may assign parental responsibility to one of the parents;

(2) it
may assign parental responsibility to both parents jointly;

(3) it
may apportion parental responsibility between the parents; or

(4) it
may assign parental responsibility to a third party.

Divorced
parents continue to be under an obligation to support children who are minors
and who have no income from work of their own or from their own property, or
whose own income is not sufficient to maintain them.

(d) the
obligation to pay maintenance to the other spouse?

When a
marriage is dissolved by divorce, a former spouse who cannot maintain himself
or herself from his or her own income or property is entitled to claim
maintenance from the other:

(1) if
at the time the divorce is pronounced the age or state of health of the spouse
making the claim is such that he or she cannot be required to take up or
continue to carry on a suitable occupation in order to support himself or
herself;

(2) if
the spouse making the claim has care of a minor, and is thereby prevented from
carrying on a suitable occupation;

(3) if
the spouse making the claim cannot find an appropriate regular employment, or
needs vocational training; in either of these cases the entitlement lasts no
more than three years from the time the divorce is pronounced; or

(4) in
any other case where the award of maintenance at the time the divorce is
pronounced is necessary on equitable grounds.

Maintenance
may be denied or restricted for important reasons, especially if the marriage
has lasted a short time, or if the spouse who might be entitled to maintenance
is to blame for the divorce or has voluntarily brought about his or her own
poverty. Entitlement to maintenance comes to an end if the person entitled
remarries, or cohabits, or dies.

4.
What does the legal term legal separation mean in practical terms?

In
practice separation means that although there has been no divorce the spouses
are not living together as man and wife. Under Greek law separation is a ground
for divorce by reason of breakdown.

5. What
are the conditions for legal separation?

Either
the spouses live apart and do not intend any longer to live together as man and
wife; or, although they live under one roof, one of them at least wishes to
abstain from living together as man and wife and to cease acting as a member of
the couple, breaking off the spiritual bonds that until that time connected the
spouses, so that there is an estrangement between them.

6. What
are the legal consequences of legal separation?

If the
spouses cease to live together as man and wife, and there is urgency or
imminent danger, either spouse may apply to the single-member court of first
instance of the place for an injunction determining the use of the family home,
ordering the other spouse to leave the family home, designating the movable
property that that spouse may take to his or her new dwelling, provisionally
determining which of the spouses is to have parental responsibility for any
minor children and how such children are to communicate with the other parent,
and provisionally determining who is to support any minor children, any adult
children who require support, or a spouse who is unable to support himself or
herself from his or her own work or property. A full court judgment deciding
the same questions may also be sought by either spouse by means of an action
brought before the same court under Article 681B of the Code of Civil
Procedure.

7. What
does the term marriage annulment mean in practice?

Annulment
of a marriage means that by reason of some irregularity a marriage which had
full legal effect is annulled by court judgment and thereby ceases to have any
effect, save only that any children born in the annulled marriage continue to
be considered children born in wedlock.

8. What
are the conditions for marriage annulment?

A
marriage may be annulled on the ground that one of the positive requirements
for marriage was not met, or that there was some absolute impediment, or that
it is voidable by reason of mistake or duress.

A
positive requirement is said to be lacking if the couples declarations are not
made in person, or are conditional or subject to a time-limit; if the spouses
are minors, and the marriage has not been authorised by the courts; if either
of them is judicially deprived of legal capacity; if either of them has a
court-appointed guardian who does not consent to the marriage, and no
authorisation has been obtained from the court; or if either of them at the
time of the celebration of the marriage is not aware of what he or she is doing
or is deprived of the use of reason owing to mental illness. There is an
absolute impediment if the spouses are blood relations in the direct ascending
or descending line, without limitation of degree, or collaterally, within the
fourth degree; if they are relations by marriage in the direct ascending or descending
line, without limitation of degree, or collaterally, within the third degree;
or in case of bigamy or adoption.

Nullity
is remedied after the marriage: if the spouses consent to the marriage fully
and freely; if minors are subsequently given the authorisation of the court; if
a minor reaches the age of 18 and acknowledges the marriage; if a disqualified
spouse thereafter becomes qualified and acknowledges the marriage; if the
guardian, or the court, or the person who was under the guardianship of the court,
being now qualified, acknowledges the marriage; or if a person who acted in
consequence of mistake or duress acknowledges the marriage after the mistake or
duress has ended. There is no marriage if no declaration of marriage has been
made before the mayor and witnesses, in the case of a civil wedding, or in the
case of a religious wedding if the marriage has not been solemnised before a
priest of the Eastern Orthodox Church or before a minister of another
denomination or faith known in Greece. In that event the marriage has no legal
effect, and an action seeking a declaration of its non-existence may be brought
by anyone with a legal interest in the matter.

9. What
are the legal consequences of marriage annulment?

In
principle the effects of the marriage are nullified retrospectively. This
applies to all personal, family and property relations between the spouses.
Thus the nullity of the marriage removes the spouses right to inherit from one
another on an intestacy, and does so from the outset. It also nullifies all
legal transactions between the spouses and third parties that were entered into
in their capacity as a married couple, either on the basis of the needs of
their life together as man and wife or for purposes of the management of the
other spouses property, subject however to the good faith of third parties who
had dealings with the couple. The rules that govern movable property and goods
acquired by either of the spouses during the marriage also apply in the case of
annulment. If at the time the marriage was celebrated the spouses or either of
them were unaware of the nullity, the nullity operates with respect to them
only for the future; a spouse who at the time the marriage was celebrated was
unaware of the nullity is entitled to maintenance from the other spouse if the
other spouse was aware of the nullity from the beginning, and from the other
spouses successors if the other spouse should die after the annulment of the
marriage, subject to the same rules as divorce, which apply by analogy. The
same entitlement to maintenance is also enjoyed by a spouse who was coerced
into marriage by threats, or contrary to law, or contrary to accepted morals,
if the marriage is annulled or ends with the death of the other spouse.

10. Are
there alternative non-judicial means for solving issues relating to the divorce
without going to court?

No.

11. Where
should I lodge my application for divorce/legal separation/marriage annulment?
Which formalities must be respected and which documents should I attach to my application?

The
multi-member court of first instance has jurisdiction to dissolve marriages by
divorce on grounds of breakdown caused by one or both spouses, or on the ground
that one spouse is missing presumed dead, to annul a void or voidable marriage,
or to declare that no marriage exists; the procedure is that for matrimonial
matters.

In
cases of divorce by consent the appropriate court is the single-member court of
first instance, and the procedure followed is that for non-contentious cases.
The court with territorial jurisdiction is the court of the place where the
spouses are habitually resident; or the place where they were last habitually
resident, in so far as one of them still resides there; or the place where the
respondent is habitually resident; or in the event of a joint application, the
place where either of the spouses is habitually resident; or the place where
the applicant is habitually resident, if he or she has resided there for at
least a year immediately before the application was made, or for at least six
months if he or she is a Greek national (or both spouses being of Greek
nationality). Any cross action will be heard by the same court. Actions seeking
maintenance may be joined to actions for divorce, annulment or recognition of
the non-existence of a marriage, and will then be judged together with them by
the multi-member court of first instance of the place, following the procedure
for matrimonial matters and subject to the limitations imposed by that
procedure. Actions seeking a determination of parental responsibility and of
arrangements for communication may also be joined to an application for divorce
brought before the single-member court of first instance, in which case they
will be judged in accordance with the procedure followed in non-contentious
cases.

The
application should be lodged with the secretariat of the court; the secretary
will set a date for the hearing and enter it on the copies of the application.
The applicants lawyer will instruct the court bailiff to serve a copy with the
date of the hearing and a summons to appear at the time and place appointed by
the court. The bailiff will serve the copy of the application on the
respondent. The bailiff must serve the copy of the application within 60 days
if the respondent is domiciled or resident in Greece, and within 90 days if the
respondent is domiciled or resident abroad or if the respondents address is not
known. If service has to be made abroad to a person whose address is known, the
rules to be applied, by analogy, are those in either Regulation No 1348/2000 on
the service in the Member States of judicial and extrajudicial documents in
civil or commercial matters, or the Hague Convention of 15 November 1965, if it
applies, or bilateral or multilateral treaties.

The substantive
law applicable to the personal property relations of the spouses, to divorce
and to legal separation is as follows, in order of precedence:

(a)
the law of their last common nationality during the marriage, provided that at
least one of them still holds it;

(b)
the law of their last joint habitual residence during the marriage; or

(c)
the law with which they have the strongest links.

Relations
between parents and a child are regulated by the following, in order of
precedence:

(a)
the law of their last common nationality;

(b)
the law of their last joint habitual residence; or

(c)
the law of the nationality of the child; if the child has both Greek and
foreign nationality, the law applied is that of Greece, and if the child has
more than one foreign nationality the law applied is the law of the state with
which the child has the strongest links.

In
accordance with the principle of the lex
fori, the procedural law applicable is Greek procedural law, but this is
overridden by European Community law and by other international treaties in
accordance with Article 28 of the Greek Constitution. The lawyers representing
the parties must be given special powers of attorney, and must be present in
court with the party represented. The marriage certificate, certificate of
marital status and other documentary evidence must be produced in court.
Witnesses are examined and submissions made in open court. In the case of a
divorce by consent, the parties must declare that they wish to dissolve the
marriage between them at two sittings no less than six months apart, and an
agreement must be lodged with the court indicating what arrangements they
propose for the care of their children and for communication with them. The
statements of the parties are assessed freely: oaths, the questioning of the
parties children as witnesses, and the fact that witnesses and experts do not
take an oath are not admissible in evidence. The court hearing an action for
divorce tries to reconcile the parties. The fact that the respondent fails to
appear does not affect the judgment of the case. If one of the parties dies
while the judgment is still open to appeal, the lawsuit fails. In the case of
an application for annulment of a marriage, which may also be brought by the
public prosecutor, the public prosecutor will be asked to make submissions. If
a party dies, the proceedings are suspended, and may be resumed by that partys
successors. If an action for annulment of a marriage or for recognition of the
non-existence of a marriage is brought by the public prosecutor, it is directed
against both parties, and if either of them has died against that partys
successors.

12. Can
I obtain legal aid to cover the costs of the procedure?

Yes,
on certain conditions. In particular, legal aid is available if it is shown
that a party cannot afford to pay for the expenses of the trial without
limiting the means necessary for the maintenance of that party and his or her
family, provided the action is not found to be manifestly unjustified or
inadvisable. Applications have to be made to the judge before whom the case is
pending, or before whom it is to be brought; in the case of the multi-member
court of first instance the application is made to the president of the court,
and in matters unrelated to a trial the application is made to the local
magistrate of the applicants place of residence.

The
application should summarise the subject-matter of the proceedings, the
evidence that will be produced in the main action, and the evidence confirming
that the conditions for legal aid are met. A number of supporting documents
should be attached:

(a) a
certificate issued (free of charge) by the mayor or chairman of the village
council of the applicants domicile or permanent residence, stating the
applicants occupational, financial and family situation;

(b) a
certificate issued (free of charge) by the tax inspector of the applicants
domicile or permanent residence, stating that in the last three years the
applicant submitted an income tax declaration, or a declaration for any other
direct tax, and that after examination the declaration was approved; and

(c) in
the case of a foreign national, a certificate issued (free of charge) by the
Greek Ministry of Justice, stating that the foreign country extends similar
treatment to Greek nationals.

The
court decides on the application, free of charge, after summoning the
respondent. The presence of lawyers is not necessary. If the court finds it
probable that the conditions referred to above are satisfied, it grants the
benefit of legal aid. This has to be done for each lawsuit separately. It
applies to that lawsuit through any levels of appeal, and also covers the
enforcement of the final judgment. A party whose entitlement to legal aid has
been recognised in this way is provisionally exempted from the obligation to
pay the expenses of the court and the costs of the proceedings in general, i.e.
notaries and bailiffs fees, witnesses expenses, and the fees of experts,
lawyers and any other representatives, and from the obligation to provide
security for such expenses. Provisional exemption may also be granted for only a
part of the expenses.

Legal
aid does not affect the obligation to pay any costs awarded to the adverse
party. If requested by the applicant the court may in the legal aid decision or
thereafter designate a lawyer, notary or bailiff to assist the aided person;
they are obliged to accept the instruction, and the decision serves as power of
attorney.

The
benefit of legal aid comes to an end upon the death of the person entitled, but
acts that cannot be deferred may be done thereafter under the instructions given
previously. In addition, legal aid may be withdrawn or restricted by the court
of its own motion, or on a proposal from the public prosecutor, if it is shown
that the conditions for granting it were never satisfied, or no longer apply,
or have been changed. Payment of costs is governed by Articles 190 to 193 of
the Code of Civil Procedure.

Thus
if the judgment awards costs against the aided persons adversary, the costs
owed to the aided person, his or her lawyers or other legal representatives or
officers of the court are awarded to the people concerned, and are collected in
accordance with the procedures for enforcement. In the same way costs awarded
against the aided person are collected as soon as any of the conditions for the
provision of legal aid have come to an end and this has been confirmed. If the
parties secured legal aid by means of false declarations or false information,
the judge who decides to withdraw the benefit of legal aid will impose a
financial penalty, which is paid into the legal professionals fund; this does
not put an end to their obligation to pay the sums from which they were
exempted, nor does it prevent any criminal prosecution.

13. Is
it possible to appeal against a decision relating to divorce/legal
separation/marriage annulment?

Yes.
The unsuccessful party may lodge an appeal, before the court of appeal of the
place, against a judgment relating to divorce, or annulment of a void or
voidable marriage, or recognition of the non-existence of a marriage, within
thirty days of the date on which the judgment is served if he or she is
domiciled or habitually resident in Greece, or within sixty days if he or she
is domiciled or habitually resident abroad or if his or her residence is not
known; and if the judgment has not been served, within three years of its
publication. If the party entitled to appeal has died, the time-limit for
appeal begins to run on the date on which the judgment is served on his or her
universal successors or legatees.

14. What
should I do to have a decision on divorce/legal separation/marriage annulment
issued by a court in another Member State country recognised in Greece?

Council
Regulation No 1347/2000 lays down the principle that decisions taken in one EU
Member State are to be recognised in the other Member States, without any
special procedure being necessary. Anyone who wants to have a decision on
divorce, legal separation or marriage annulment recognised in Greece should
apply to the single-member court of first instance either of the place of
habitual residence of the person against whom the judgment is to be enforced or
of the place of enforcement. The following should be attached to the
application:

(a) a
copy of the judgment which satisfies the conditions necessary to establish its
authenticity;

(b) a
certificate of the kind provided for in Article 33 of the Regulation, giving
details of the court that delivered the judgment and particulars of the
marriage between the parties to the action before it, and stating whether the
judgment was delivered in default of appearance or with both parties present,
whether the judgment is subject to further appeal, whether legal aid was
granted, etc.; and

(c) in
the case of a judgment given in default, the original or a certified true copy
of the document which establishes that the defaulting party was served with the
document instituting proceedings or with an equivalent document, or any
document indicating that the defendant has accepted the judgment unequivocally.

A date
is set for the hearing, and a copy of the application has then to be served on
the other party with the document setting the date and a summons to appear at
the hearing. The court may not review the jurisdiction of the court that
delivered the judgment. It considers whether recognising the decision would be
contrary to its own public policy, whether the document instituting proceedings
was served on a defaulting party in sufficient time to enable the respondent to
defend himself or herself, or failing that whether the respondent has accepted
the judgment unequivocally; and whether the judgment is irreconcilable with an
earlier judgment given in proceedings between the same parties in the Member
State in which recognition is sought, or in another Member State, or in a
non-member state, which fulfils the conditions necessary for its recognition in
the Member State in which recognition is sought. If the court is satisfied, it
recognises the judgment.

15. To
which court should I turn in Greece to oppose the recognition of a decision on
divorce/legal separation/marriage annulment issued by a court in another Member
State? Which procedure applies in these cases?

To
challenge a Greek decision recognising a judgment delivered by a court in
another EU Member State, the appropriate court is the court of appeal that
hears appeals against decisions of the relevant lower court. The time-limit for
appeals is one month from the date of service of the decision, except where the
party against whom recognition is sought is habitually resident in a Member
State other than that in which the declaration of enforceability was given, in
which case the time for appealing is two months from the date of service of the
decision. This time-limit cannot be extended on account of distance. If the
party against whom recognition is sought fails to appear, the court must stay
the proceedings so that it can be ascertained that that party has been properly
summoned in due time, or that all feasible steps have been taken to this end.
The decision of the court of appeal may be challenged on points of law before
the Supreme Court (Areios Pagos).

16. Which
is the applicable law in a divorce proceeding between spouses who do not live
in Greece or who are of different nationalities?

The
substantive law applicable to divorce is as follows, in order of precedence:

(a)
the law of the parties last common nationality, provided one of them still
holds it;

(b)
the law of the parties last common habitual residence during the marriage; or

(c)
the law with which the spouses have the strongest links.

The
procedural law applicable, in accordance with the principle of the lex fori, is Greek law and
Community law, which under Article 28 of the Constitution has primacy over
national law.